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McOmber McOmber & Luber, P.C.

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Can My Employer Retaliate Against Me for Taking Medical Leave? | Header Image | McOmber McOmber & Luber

Can My Employer Retaliate Against Me for Taking Medical Leave?

April 27, 2026 by Red Bank Legal

Workplace retaliation is illegal, but it still happens in many forms. Employees may be punished for reporting harassment, discrimination, unsafe conditions, or other unlawful conduct. These actions are direct violations of state and federal law.

If your employer has taken action against you after you spoke up or exercised your rights, you may have a valid legal claim. The attorneys at McOmber McOmber & Luber, P.C. represent employees across New Jersey in retaliation matters and are ready to help you take the next step.

Can My Employer Retaliate Against Me for Taking Medical Leave?

No. Employers are prohibited from retaliating against employees who take protected medical leave under laws such as the Family and Medical Leave Act. Retaliation can include termination, demotion, reduced hours, or being passed over for advancement after requesting or returning from leave.

If you experienced negative treatment after taking medical leave, it is important to speak with an attorney. These claims often depend on timing, documentation, and employer intent.

Retaliation for Maternity or Family Leave

Employees who take maternity or paternity leave are also protected from retaliation. Despite these protections, some employers respond with unfair discipline, changes in job duties, or termination.

New Jersey and federal laws are clear that employees cannot be punished for taking protected leave to care for a child. If your employer took adverse action after your leave, you may have grounds for a claim.

Can Your Employer Fire You For Reporting Sexual Harassment?

No. Reporting sexual harassment is a protected activity. Employers cannot legally punish you for coming forward.

Retaliation in these situations often includes termination, isolation, reduced responsibilities, or hostile treatment. In many cases, multiple violations occur at once, including harassment, retaliation, and wrongful termination.

These claims can become complex quickly. Understanding your rights and the full scope of what occurred is critical to pursuing compensation.

Pregnancy Discrimination and Retaliation

It is unlawful for an employer to retaliate against an employee for reporting pregnancy discrimination or requesting reasonable accommodations.

Common examples include:

  • Termination or demotion
  • Reduced pay or hours
  • Unjustified disciplinary action
  • A hostile or unwelcoming work environment

If your employer changed your role or treatment after raising concerns related to pregnancy, you may be entitled to take legal action.

Retaliation for Reporting Illegal Conduct (Whistleblowers)

New Jersey provides strong protections for whistleblowers under CEPA. Employees who report illegal, unethical, or unsafe workplace practices are protected from retaliation.

These protections may also apply under federal laws enforced by agencies such as OSHA. Whether the issue involves safety violations, fraud, or other misconduct, employees have the right to report concerns without fear of punishment.

How a New Jersey Retaliation Lawyer Can Help

Retaliation claims often involve multiple legal issues and require careful documentation. An experienced employment attorney can help you gather evidence, establish a timeline, and determine the strongest legal strategy.

At McOmber McOmber & Luber, P.C., we work with employees to hold employers accountable and pursue compensation where appropriate. If you believe you have been retaliated against, speaking with an attorney is an important first step. Call today for a free legal consultation.

Filed Under: In the News

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